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11/26/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of November 26, 2007 Council Members: Chang, Clauson, Dilenno, Geiger, and Putaansuu ABSENT: Council Members Powers and Wyatt (excused) ALSO PRESENT: Police Chief Townsend, Public Works Director Abed, Planning Director Long-Woods, City Treasurer Tompkins, Court Administrator Hunt, City Clerk Merlino, Deputy Clerk Kirkpatrick, and City Attorney Jacoby. 7:03 P.M. CALL TO ORDER Staff Sergeant Robert McFann led the audience and Council in the Pledge of Allegiance. PRESENTATION Presentation of Award to Chief Alan Townsend Gordon Jacobsen, U.S. Department of Defense and Staff Sergeant Robert McFann recognized Police Chief Townsend for his commitment and support of the men and women serving in the National Guard and presented Chief Townsend with a certificate of appreciation. Update of the Joint Wastewater Treatment Facililty Larry Curies, General Manager of Karcher Creek Sewer District, provided a brief presentation on the Joint Wastewater Treatment (JWWT) Facility, noting that the construction phase and major expenditures were coming to an end. The operational budget for 2007 was $2,532.368 and the projected operational budget for 2008 was $2,640,712, which included the District's share of $1,188,366, the City's share of $1,030,746, and connection fees of $366,500 to apply to the expansion debt. Mr. Curies advised staff will be looking at ways to efficiently operate the facility including ongoing maintenance of the facility, and working with PLC Integration, and Zenon. Council Member Clauson commended the JWWT Facility staff for all their hard work at operating an efficient facility and stated the Sewer Advisory Committee (SAC) had reviewed the JWWT Facility's 2008 budget and recommended its approval to the City Council. Minutes of November 26, 2007 Page 2 of 8 APPROVAL OF AGENDA There were no changes to the Agenda. AUDIENCE COMMENTS Gerry Harmon of 906 Kitsap Street commented on an article in the Port Orchard Independent regarding the Downtown Overlay District (DOD), noting that community residents were unhappy with the current Council and that the Council needed to begin working on addressing the issues of the DOD and obtaining community input and support. EXECUTIVE SESSION At 7:30 p.m. Mayor Abel adjourned into a 15-minute executive session to discuss personnel, real estate, and potential litigation and at 7:50 p.m. extended the executive session for an additional 10-minutes. Council Member Clauson moved and Council Member Chang seconded the motion to excuse Council Member Wyatt from this meeting. Upon vote, the motion passed unanimously. CONSENT AGENDA Council Member Putaansuu moved and Council Member Clauson seconded the motion approving the Consent Agenda. Upon vote, motion passed unanimously. A. Approval of Claim Warrants #48767-48829 totaling $77,157.67 B. Minutes of the November 13, 2007 City Council Meeting C. Adoption of Ordinance No. 038-07, Approving Annexation of the Tallman Properties D. Authorization for the Mayor to Sign 2008 Humane Society Contract Renewal E. Adoption of Resolution No. 028-07, Raising the Reimbursement Rate for Off- Duty Police Officers F. Authorization for the Police Chief to Sign Interlocal Agreement for Waterborne Incidents in Kitsap County G. Adoption of Resolution No. 029-07, Reappointment of Bek Ashby to the Planning Commission BUSINESS ITEMS: Adoption of Ordinance No. 039-07, Relating to Admissions tax City Treasurer Tompkins presented the staff report, noting that State law provides for a 5% tax on admissions and in 1989 the City of Port Orchard levied an admissions tax of one tenth of one percent. The Finance Committee reviewed the existing admissions tax Minutes of November 26, 2007 Page 3 of 8 revenues and projected revenues should the City's rate be increased. The Council discussed the implications of changing the admissions tax at their August 2ih and November 13th meetings. City Treasurer Tompkins suggested the Council consider making the ordinance effective January 1, 2008. The City will not see the majority of the revenue until January of 2009, unless the payment requirements are changed from annually to monthly or quarterly. Mike Pitts, representing the ownership of the Port Orchard Theater, stated this was a discriminatory tax and targeted just movie theater tickets. In order to accommodate the admissions tax increase, the theater would be forced to raise prices and that was an unpleasant message to send to incoming developers. He urged the Council to find ways to positively promote economic development in the downtown area. Bruce Gardiner, Director of the Motion Pictures Association of Washington, provided a brief history on how the admissions tax was formed, noting that it was an incentive to get theaters to build in the area. However, he did not feel the population supported the number of theaters in the area and noted that the tax is levied against the patron, but is paid by the organization. Council Member Putaansuu moved and Council Member Chang seconded the motion to adopt Ordinance No. 039-07, increasing the City of Port Orchard's admissions tax rate from one tenth of one percent (.1%) to five percent (5%) and any amounts over $100 to be reported and paid to the City on a monthly basis and any amounts under $100 to be reported and paid to the City on a quarterly basis. Upon vote, motion passed with four affirmative votes and one dissenting vote. Council Member Geiger cast the dissenting vote. Adoption of Ordinance No. 040-07. Lundberg Rezone Case No. R-1164 Planning Director Long-Woods presented the staff report, noting this is a site-specific rezone of a parcel from Residential 4.5 (R4.5) to Commercial-Retail/Office (CO) to allow for the construction of four new office/retail buildings totaling approximately 32,000 square feet on a 2.9 acre parcel, with access provided off of Bethel Avenue and Mitchell Avenue. Further, the Public Works Director had met with the applicant and they agreed to the two incorporated changes in Section 2 and Section 3 of the ordinance. Council Member Clauson moved and Council Member Putaansuu seconded the motion to adopt Ordinance No. 040-07, for the requested site-specific rezone (R-1164) for Lundberg Landing LLC., and to grant permission to remove one significant tree over 36-inches in diameter within Parcel No. 342401-4-005-2004. Upon vote, the motion passed unanimously. Minutes of November 26, 2007 Page 4 of 8 Adoption of Resolution No. 030-07, Setting the Date and Time For a Street Vacation on a Portion of Rockwell Avenue, Adjacent to Bethel Avenue City Clerk Merlino presented the staff report, noting that a request to vacate a portion of the City's right-of-way on Rockwell Avenue, adjacent to Bethel Avenue was received from a Richard L. Peterson, Attorney at Law, representing Kim Haldrup, Trustee of the Doyle Trust, and Maxine A. Bonewell. The Street Committee and Public Works Director Abed reviewed the submitted street vacation request and recommend setting the date and time for the public hearing. Council Member Dilenno moved and Council Member Clauson seconded the motion to adopt Resolution No. 030-07, setting the Public Hearing for January 14, 2008, to occur during the regular Council meeting, on a petition to vacate a portion of City's right-of-way on Rockwell Avenue adjacent to Bethel Avenue, as submitted by Richard L. Peterson, Attorney at Law, representing Kim Haldrup, Trustee of the Doyle Trust, and Maxine A. Bonewell. Upon vote, motion passed unanimously. Adoption of Resolution No. 031-07, Policies Relating to Right-of-Way Acquisition for Tremont Street Right-of-Way Public Works Director Abed presented the staff report, noting that at the last Council meeting, staff was given direction to create new right-of-way (ROW) acquisition procedures, including administrative and appraisal waiver procedures. The new procedures would grant the Public Works Director the ability to waive appraisals on properties that are valued below $25,000 and to authorize the Public Works Director to sign on behalf of the City in concurrence with these types of valuations as just compensation. The authorization limit shall be set at $25,000 or 10% of the City's determined value, whichever is greater. These new procedures will expedite the ROW acquisition process and allow the City to meet its construction schedule for the project. Council Member Putaansuu moved and Council Member Dilenno seconded the motion to adopt Resolution No. 031-07, approving the right-of-way procedure; authorizing the Public Works Director's authority delegation in administrative settlement as set forth in Attachment A of the Resolution; and to request WSDOT's approval of the City's administrative settlement procedures. Upon vote, the motion passed unanimously. Authorization for the Mayor to Sign Purchase and Sale Agreement for 213 Prospect Street Mayor Abel presented the staff report, noting that the City has an opportunity to purchase this parcel, which is across from City Hall. The seller would like to close on the Minutes of November 26, 2007 Page 5 of 8 property in early 2008, and Mayor Abel recommended the Council approve the purchase of the parcel which would allow expansion of office spaces in the near future. Council Member Dilenno moved and Council Member Clauson seconded the motion to authorize the Mayor to sign the purchase and sale agreement for 213 Prospect Street at a price of $475,000.00, in a form approved by the City Attorney. Gil Michael of 228 Seattle Avenue requested the Council answer the following questions: a. Use of the Prospect property; b. Costs to convert from a single family residence to office space; c. Did the City factor conversion costs into the sale of the property; and d. Did the City have any drawings that would show the public what would be done with the property. City Attorney Jacoby explained the process for Municipal property purchases, noting that the appraisal was not public information until after the Council has taken action to purchase the property. After that, the documents will become available for public inspection. Gerry Harmon of 960 Kitsap Street commented that the Council appeared to do a lot of business behind closed doors and voiced concern that no one in the community knew the City was purchasing this property. Attorney Jacoby explained the process and reasons why the Council was now ready to make a decision in a public format, noting that the community elected the Council to represent them in all municipal matters and should the Council approve the purchase and sale of the property, the documents would be available to the public for inspection. Upon vote, the motion passed unanimously. Approval of the 2008 Joint Wastewater Treatment Facilitv Budget Public Works Director Abed presented the staff report, noting that the Karcher Creek District staff had completed their 2008 Joint Wastewater Treatment Plant Budget of $2,640,712, which included the City's contribution of $1,030,746. The expenditure budget is $2,525,071, and focuses on maintaining the expanded wastewater treatment facility. Expenses increased by about 3.8%, which is higher than last year. Council Member Clauson moved and Council Member Putaansuu seconded the motion to approve the 2008 Budget for the Joint Wastewater Treatment Plant. Upon vote, the motion passed unanimously. Minutes of November 26, 2007 Page 6 of 8 First Reading of Ordinance No. 041-07, Amending the 2007 Budget City Treasurer Tompkins presented the staff report, noting at year-end the current budget is reviewed to make sure appropriations cover the expenditures that had been authorized during the year. The 2007 annual budget included $106,000 in the Cumulative Reserve for Equipment Replacement Fund for the purchase of two new police interceptor vehicles with mobile computer terminals, one new administration vehicle and the safety equipment for a total amount of $111,180. Staff recommends amending the 2007 Budget to cover the additional expenses incurred in the purchase of the police vehicles and safety equipment. Council Member Dilenno moved and Council Member Putaansuu seconded the motion to direct staff to place Ordinance No. 041-07, amending the 2007 budget, on the December 10, 2007 Council agenda for action at the continued meeting on December 19, 2007. Upon vote/ the motion passed unanimously. Authorization for the Mayor to Sign the Kitsap County Prosecuting Attorney's legal Services Agreement Mayor Abel presented the staff report, noting the City began using Kitsap County as their Prosecuting Attorney in the Port Orchard Municipal Court in 2000. The Kitsap County Prosecutor's office proposed an increase for the upcoming three year period based upon new union contracts. The Municipal Court Administrator and the Chief of Police continue to find great value in having the prosecutorial services for Municipal Court provided by the County Prosecutor's office, even with the increased costs. Council Member Geiger moved and Council Member Dilennoseconded the motion to authorize the Mayor to sign the Interlocal Agreement with Kitsap County for prosecutor services. Upon vote/ the motion passed unanimously. Discussion Item: Blankenship Vacation Public Works Director Abed presented the staff report, noting that Michael and Jacqueline Blankenship submitted a street vacation petition to vacate a 25-foot strip of existing City right-of-way along their frontage on Division Street. Similar right-of-ways have been done by a Quit Claim Deed from the City along the same alignment on Division Street. The Street Committee deliberated on this issue and consulted with both the City Attorney and the City Engineer, who recommended that the City proceed to issue a Quit Claim Deed for this right-of-way as was done in the past. In response to Council Members concerns, City Attorney Jacoby explained that this is not a typical street vacation where the City owns the property and is conveying it to the Minutes of November 26, 2007 Page 7 of 8 owner. Rather it is to correct an error in property lines and the City has no future need for the property in question. Council Member Dilenno moved and Council Member Geiger seconded the motion to approve the Street Committee's recommendation and ask staff to develop the appropriate documentation to proceed with the Quit Claim Deed vacating a 25-foot strip of existing City right-of-way on Division Street. Upon vote, the motion passed with four affirmative votes and one dissenting votes. Council Member Chang cast the dissenting vote. Mayor Abel announced Council Members will meet on Tuesday, December 18, 2007 at 6:30 p.m. at City Hall for the Holiday Light Tour and invited the incoming Council Members and public to attend. Council Member Diienno stated there will be no Street Committee meeting in December. Council Member Dilenno moved and Council Member Putaansuu seconded the motion to excuse Council Member Clauson from the December 10, 2007 meeting. Upon vote, the motion passed unanimously. ADJOURNMENT At 9:00 p.m. Mayor Abel adjourned the regular meeting. 2008 Budget Study Session At 9:05 p.m. Mayor Abel called the meeting to order to discuss the proposed 2008 Budget. City Treasurer Tompkins reported on the Finance Committee's budget recommendations as listed on Attachment "A". Council Member Clauson, Finance Committee Chair, explained some of the Committee's rationale for these recommendations. The Council also included the following items in the budget: Current Expense: • $545.00 to correct the increase to the Prosecuting Attorney's Contract • $475,000.00 for the purchase of 213 Prospect Street, with funds allocated from the Cumulative Municipal Facilities Fund • $4,800.00 for training new employees on the Land Information System (LIS) • $25,000 for the upgrade to Paul Powers Park, allocated from the Parks Reserve Council Member Diienno expressed a concern with outsourcing $15,000 for parks maintenance. Council Member Diienno asked that if the Public Works crew needed additional employee staffing, the bargaining unit should be given the opportunity to Minutes of November 26, 2007 Page 8 of 8 negotiate this expenditure for park maintenance. Public Works Director Abed advised he will review the staffing demands within the department. Council Member Dilenno asked that the $25,000 designated for the Annexation Process be funded in the 2008 budget. The Council concurred to not place this item back into the 2008 budget at this time, however, will wait until further annexations are presented to fund this expenditure. Street: • $60,000.00 for additional street paving with funds allocated from Banked Capacity • $10,000.00 for painting of the marquee, with funds allocated from Banked Capacity Revenue Changes: • $5,000.00 increase to Sales Tax City Treasurer Tompkins advised the proposed budget will be discussed at the December 3, 2007 Public Hearing and approved at the December 10, 2007 City Council meeting. At 10:07 p.m. Mayor Abel adjourned the 2008 Budget Study Session . .... I 7 lr-/;;{L~lj L./· . S:. _i__., fJ ;4JM. ./r~ Kim E. Abel, Mayor